WSR 05-01-204PERMANENT RULES
DEPARTMENT OF PERSONNEL
[
Filed December 21, 2004,
3:26 p.m.
, effective July 1, 2005
]
Purpose: This chapter of rules defines terms used in
Title 357 WAC.
Statutory Authority for Adoption: Chapter 41.06 RCW.
Adopted under notice filed as WSR 04-13-179
on June 23,
2004.
Changes Other than Editing from Proposed to Adopted Version: WAC 357-01-010, as a result of discussions with
stakeholders, it was determined that the language be changed
in this section to address underutilization of the affirmative
action program.
WAC 357-01-030, as a result of discussions with
stakeholders, this WAC number was filed but not adopted. A
withdrawal has been filed.
WAC 357-01-135, as a result of discussions with
stakeholders, it was determined that the language be changed
in this section to address elevation for employees in
permanent status.
WAC 357-01-140, as a result of discussions with
stakeholders it was determined that the language be changed in
this section to address business unit members WAC definition
and location.
WAC 357-01-170, it was determined through discussions
with stakeholders that a new sentence be added regarding
veterans scoring criteria only added to passing scores.
WAC 357-01-232, this section regarding the periodic
increment date (PID) definition was previously filed under WAC 357-01-255 as progression increase date.
WAC 357-01-250, it was determined through discussions
with stakeholders that a new sentence be added regarding the
time frame for a probationary period.
WAC 357-01-255, it was determined through discussions
with stakeholders that this section be changed to WAC 357-01-232 Periodic increment date.
WAC 357-01-290, as a result of discussions with
stakeholders it was determined that the language be changed in
this section to address the internal layoff list WAC numbers.
Number of Sections Adopted in Order to Comply with Federal Statute:
New 0,
Amended 0,
Repealed 0;
Federal Rules or Standards:
New 0,
Amended 0,
Repealed 0;
or Recently Enacted State Statutes:
New 70,
Amended 0,
Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity:
New 0,
Amended 0,
Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative:
New 0,
Amended 0,
Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures:
New 0,
Amended 0,
Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making:
New 0,
Amended 0,
Repealed 0;
Pilot Rule Making:
New 0,
Amended 0,
Repealed 0;
or Other Alternative Rule Making:
New 70,
Amended 0,
Repealed 0.
Date Adopted: July 29, 2004.
E. C. Matt
Director
Chapter 357-01 WACDefinitions
NEW SECTION
WAC 357-01-005
Affected groups.
Those groups that must
be included in affirmative action plans and updates and who
may be beneficiaries of affirmative action programs. Affected
groups include: Blacks, Asians, Pacific Islanders,
Hispanics/Latinos, American Indians/Alaska Natives, women,
persons age 40 and over, persons with disabilities,
Vietnam-era veterans and disabled veterans. Employers must
use the most current federal definitions and categories in
their plans and updates.
[]
NEW SECTION
WAC 357-01-010
Affirmative action program.
A tool
designed to ensure equal opportunity through procedures and
active good faith efforts to correct underutilization of
qualified affected group members. It shall not mean any sort
of quota system.
[]
NEW SECTION
WAC 357-01-015
Affirmative action plan.
Results-oriented programs to which employers commit their good
faith efforts to attain and maintain equal employment
opportunity. Guidelines for development of affirmative action
plans are established by the department and are consistent
with requirements set forth by federal Executive Order 11246
and Affirmative Action Guidelines issued by the U.S.
Departments of Labor and Justice.
[]
NEW SECTION
WAC 357-01-020
Allocation.
The assignment of a position
to a class.
[]
NEW SECTION
WAC 357-01-025
Appointing authority.
An individual
lawfully authorized to appoint, transfer, layoff, reduce,
dismiss, suspend, or demote employees.
[]
NEW SECTION
WAC 357-01-035
Availability.
An estimate of the
percentage of qualified affected group members available for
employment in a given job group. The determination of the
availability of affected group members must be based on
consideration of the following factors: (1) The percentage of availability of affected group
members with the requisite skills in the reasonable
recruitment area.
(2) The percentage of affected group members among those
promotable, transferable, and trainable within the employer's
organization.
The availability estimates must be based on an analysis
of the factors determined to be relevant to the particular job
group.
[]
NEW SECTION
WAC 357-01-040
Base salary.
The dollar amount of the
salary within the salary range to which the employee is
entitled, before any deductions, and exclusive of additional
compensation of any kind, such as premiums.
[]
NEW SECTION
WAC 357-01-045
Board.
The Washington Personnel
Resources Board.
[]
NEW SECTION
WAC 357-01-050
Career development.
The progressive
development of an employee's capabilities. Career development
is meant to facilitate the employee's productivity,
performance, job satisfaction, and advancement. Career
development can happen through work assignments as well as
education and training. The education and training may be
state-sponsored or achieved by the individual employee's
efforts. All career development must be consistent with the
needs and obligations of the state and its employers.
[]
NEW SECTION
WAC 357-01-055
Career planning.
A process designed to
identify and provide opportunities for each employee's career
growth through job experience, training, and/or continuing
education.
[]
NEW SECTION
WAC 357-01-060
Certification.
The act of referring
eligible candidates to the employing official for further
consideration.
[]
NEW SECTION
WAC 357-01-065
Certified pool.
Those eligible
candidates determined by the employer to be among the best
qualified for a position, based on position-specific criteria,
who are certified to the employing official.
[]
NEW SECTION
WAC 357-01-070
Charges.
A detailed statement of the
specific incidents alleging cause for disciplinary action.
[]
NEW SECTION
WAC 357-01-075
Class.
A level of work.
[]
NEW SECTION
WAC 357-01-080
Class series/occupational category.
A
grouping of job functions having similar purpose and knowledge
requirements.
[]
NEW SECTION
WAC 357-01-085
Classified service.
All positions in
state service not exempt from the provisions of chapter 41.06 RCW.
[]
NEW SECTION
WAC 357-01-090
Competencies.
Those measurable or
observable knowledge, skills, abilities, and behaviors
critical to success in a key job role or function.
[]
NEW SECTION
WAC 357-01-095
Demotion.
Movement of an employee from a
position in one class to a position in another class that has
a lower salary range maximum.
[]
NEW SECTION
WAC 357-01-100
Department.
Department of Personnel.
[]
NEW SECTION
WAC 357-01-105
Developmental opportunities.
Activities
designed to develop employees' knowledge and skills for future
job assignments.
[]
NEW SECTION
WAC 357-01-110
Director.
Director of the Department of
Personnel.
[]
NEW SECTION
WAC 357-01-115
Disabled veteran.
For affirmative action
purposes, a person entitled to disability compensation under
laws administered by the Veterans Administration for
disability rated at 30 percent or more, or a person whose
discharge or release from active duty was for a disability
incurred or aggravated in the line of duty.
[]
NEW SECTION
WAC 357-01-120
Dismissal.
The termination of an
individual's employment for disciplinary purposes.
[]
NEW SECTION
WAC 357-01-125
Eligible applicant.
A job seeker who has
successfully completed preliminary screening processes for a
specific position.
[]
NEW SECTION
WAC 357-01-130
Eligible candidate.
An individual who
has successfully completed all assessment requirements for a
specific position and is eligible to be considered for the
certified pool.
[]
NEW SECTION
WAC 357-01-135
Elevation.
An employer-initiated action
that moves an employee to a position in either: (1) A higher class in which the employee held permanent
status prior to a demotion; or
(2) A class in the same class series/occupational
category which is between the current class and the class from
which the employee demoted.
[]
NEW SECTION
WAC 357-01-140
Employee.
An individual working in the
classified service. Employee business unit members are
covered by chapter 357-43 WAC and defined in WAC 357-43-001.
[]
NEW SECTION
WAC 357-01-145
Employer.
A state agency, an institution
of higher education, or a related higher education board.
[]
NEW SECTION
WAC 357-01-150
Employing official.
An administrative or
supervisory employee designated by the appointing authority to
exercise responsibility for requesting certification,
interviewing eligible candidates, and recommending appointment
of individuals to classified positions.
[]
NEW SECTION
WAC 357-01-155
Employee performance management process.
The systematic set of actions taken by a supervisor to
maximize employee productivity, potential and satisfaction.
[]
NEW SECTION
WAC 357-01-160
Examination.
A scored competitive
written, oral, or performance test administered as part of a
position-specific hiring process prior to certification.
[]
NEW SECTION
WAC 357-01-165
Examination process.
The process used to
administer and score an examination.
[]
NEW SECTION
WAC 357-01-170
Examination results.
An eligible
candidate's final score on an examination, plus any veterans
scoring criteria or other applicable credits. Veterans
scoring critera is only added to passing scores
[]
NEW SECTION
WAC 357-01-175
General government employer.
Any agency
as defined by RCW 41.06.020 who is not a higher education
employer.
[]
NEW SECTION
WAC 357-01-180
Higher education employer.
The
University of Washington, Washington State University, Central
Washington University, Eastern Washington University, Western
Washington University, The Evergreen State College, the
various state community colleges, the state board for
community and technical colleges, the higher education
coordinating board, and such other boards, councils, and
commissions related to higher education as may be established.
[]
NEW SECTION
WAC 357-01-185
Job analysis.
The process of gathering,
analyzing, and synthesizing information about a position in
order to identify the essential tasks, functions, roles and
competencies required to perform the work of the position, and
the written documentation of the results of the analysis.
[]
NEW SECTION
WAC 357-01-190
Job seeker.
An individual who has
indicated to the employer an interest in employment by
completing a preliminary profile or by submitting an
application.
[]
NEW SECTION
WAC 357-01-195
Layoff unit.
A clearly identified
structure within an employer's organization within which
layoff options are determined in accordance with the
employer's layoff procedure. Layoff units may be a series of
progressively larger units within an employer's organization.
[]
NEW SECTION
WAC 357-01-200
List.
A list of eligible names
established to be certified for vacancies in a class.
[]
NEW SECTION
WAC 357-01-205
Nonrepresented employee.
A classified
employee whose position is not part of a bargaining unit with
a certified exclusive representative.
[]
NEW SECTION
WAC 357-01-210
Nonpermanent appointment.
An appointment
made by a general government employer under the provisions of
WAC 357-19-360.
[]
NEW SECTION
WAC 357-01-215
Occupational category/class series.
A
grouping of job functions having similar purpose and knowledge
requirements.
[]
NEW SECTION
WAC 357-01-220
Overtime-eligible employee.
An employee
who is covered by the overtime provisions of the Fair Labor
Standards Act.
[]
NEW SECTION
WAC 357-01-225
Overtime-exempt employee.
An employee
who is not covered by the overtime provisions of the Fair
Labor Standards Act.
[]
NEW SECTION
WAC 357-01-230
Performance management confirmation.
Approval granted by the director to an employer allowing the
employer to link individual employee performance to
compensation or layoff decisions.
[]
NEW SECTION
WAC 357-01-232
Periodic increment date (PID).
The date
upon which an employee is scheduled to move to a higher salary
step within the salary range for the current class.
[]
NEW SECTION
WAC 357-01-235
Persons with disabilities.
For
affirmative action purposes, a person with a permanent
physical, mental, or sensory impairment which substantially
limits one or more major life activity. Physical, mental, or
sensory impairment means: (a) any physiological or
neurological disorder or condition, cosmetic disfigurement, or
anatomical loss affecting one or more of the body systems or
functions; or (b) any mental or psychological disorders such
as mental retardation, organic brain syndrome, emotional or
mental illness, or any specific learning disability. The
impairment must be material rather than slight, and permanent
in that it is seldom fully corrected by medical replacement,
therapy, or surgical means.
[]
NEW SECTION
WAC 357-01-240
Position.
A group of duties and
responsibilities to be performed by an employee.
[]
NEW SECTION
WAC 357-01-245
Premium.
Pay added to an employee's base
salary on a contingent basis in recognition of special
requirements, conditions, or circumstances associated with the
job.
[]
NEW SECTION
WAC 357-01-250
Probationary period.
The initial period
of employment following certification and appointment to, or
reemployment in, the classified service. The probationary
period continues for 6 to 12 months as determined under the
provisions of WAC 357-19-040.
[]
NEW SECTION
WAC 357-01-260
Promotion.
The appointment to a class
with a higher salary range maximum that results in a salary
increase.
[]
NEW SECTION
WAC 357-01-265
Promotional organizational unit.
A unit
established by the employer based upon administrative and/or
geographical relationships and used for promotional
recruitment and hiring.
[]
NEW SECTION
WAC 357-01-270
Reallocation.
The assignment of a
position to a different class.
[]
NEW SECTION
WAC 357-01-275
Reassignment.
An employer-initiated move
of an employee within the employer from one position to
another position in the same class or a different class with
the same salary range maximum.
[]
NEW SECTION
WAC 357-01-280
Reemployment.
Appointment of a former
permanent employee who had permanent status in a class with
the same or similar job duties.
[]
NEW SECTION
WAC 357-01-285
Regular rate.
All compensation (i.e.
base salary plus any premiums) received by an employee for the
performance of work in an assigned position.
[]
NEW SECTION
WAC 357-01-290
Reversion.
Voluntary or involuntary
movement of an employee during the trial service period
resulting in placement in a position or on the employer's
internal layoff list in accordance with WAC 357-19-115 and WAC 357-19-117.
[]
NEW SECTION
WAC 357-01-295
Salary range.
The minimum and maximum
dollar amount assigned to a class.
[]
NEW SECTION
WAC 357-01-300
Screening.
Separate from a scored
competitive examination, screening is the use of assessment
tools including, but not limited to application or resume
reviews, pass/fail skill tests, supplemental questionnaires,
or identification of job-related competencies to narrow the
field of job seekers that will be considered for inclusion
within the certified pool.
[]
NEW SECTION
WAC 357-01-305
Shared employment.
A voluntary
arrangement whereby more than one employee jointly fill a
single position as agreed between the employer and the
employees.
[]
NEW SECTION
WAC 357-01-310
Special employment program.
Special
employment programs are those programs designated by the
director which are designed and implemented to reduce
unemployment and/or provide training opportunities to enable
persons to become more employable. Special employment
programs are funded in total, or in part, from sources other
than the normal sources available to the employer.
[]
NEW SECTION
WAC 357-01-315
Special pay salary ranges.
A unique
salary range assigned to a position or class in accordance
with WAC 357-28-025.
[]
NEW SECTION
WAC 357-01-320
Supplemental certification.
Increasing
the normal certification of names to incorporate Persons with
Disabilities, Vietnam-era Veterans, Disabled Veterans or
Persons Over 40.
[]
NEW SECTION
WAC 357-01-325
Suspension.
An absence without pay for
disciplinary purposes.
[]
NEW SECTION
WAC 357-01-330
Training.
Activities designed to develop
employees' job-related knowledge and skills for present job
assignments.
[]
NEW SECTION
WAC 357-01-335
Transfer.
An employee-initiated move of
that employee from a position to another position within or
between employers in the same class or a different class with
the same salary range maximum.
[]
NEW SECTION
WAC 357-01-340
Transition review period.
The transition
review period is a six-month evaluation period that allows the
employer and employee to determine whether a placement into a
position as a layoff option or appointment to a position from
a layoff list or the general government transition pool is a
good match.
[]
NEW SECTION
WAC 357-01-345
Trial service period.
The initial period
of employment following promotional appointment to a position
in a new class or the initial period of employment following a
transfer or voluntary demotion, or elevation when required by
the employer under the provisions of 357-19-030. The trial
service period will continue for six to twelve months as
determined under the provisions of WAC 357-19-050.
[]
NEW SECTION
WAC 357-01-350
Underutilization.
Occurs when there are
fewer affected group members in a particular job group than
would reasonably be expected based on the affected group's
availability.
[]
NEW SECTION
WAC 357-01-355
Vietnam era veteran.
For affirmative
action purposes, a person who served on active duty for more
than 180 days, any part of which occurred between February 28,
1961 and May 7, 1975 in the Republic of Vietnam, or between
August 5, 1964 and May 7, 1975 in all other cases; and was
discharged or released from active duty with other than a
dishonorable discharge; or who was discharged or released from
active duty for a service-connected disability if any part of
such active duty was performed between August 5, 1964 and May
7, 1975.
[]
© Washington State Code Reviser's Office